Family Pension under Central Civil Services Pension Rules 2021

Family Pension under Central Civil Services Pension Rules 2021 – How to determine Quantum of Family Pension payable to dependents of Central Government Employees?

CHAPTER VIII

Family Pension

50. Family Pension.- (1) Where a Government servant dies,-

(i) after completion of one year of continuous service; or

(ii) before completion of one year of continuous service, provided the deceased Government servant concerned immediately prior to his appointment to the service or post was examined by the appropriate medical authority and declared fit by that authority for Government service; or

(iii) after retirement from service and was on the date of death in receipt of a pension, or compassionate allowance, referred to in these rules, the family of the deceased shall be entitled to a family pension from the date following the date of death of the Government servant or the retired Government servant, as the case may be.

Explanation – ‘Continuous service’ means service rendered in a temporary or permanent capacity in a pensionable establishment and does not include period of suspension, if any and period of service, if any, rendered before attaining the age of eighteen years.

(2)(a)(i) Subject to sub-clause (ii) and sub-clause (iii), the amount of family pension shall be determined at a uniform rate of thirty per cent of pay subject to a minimum of nine thousand rupees per month and a maximum of seventy-five thousand rupees per month.

(ii) Where a Government servant dies while in service, the rate of family pension payable to the family shall be equal to fifty per cent of the pay and the amount so admissible shall be payable from the date following the date of death of the Government servant for a period of ten years.

(iii) In the event of death of a Government servant after retirement, the family pension as determined under sub-clause (ii) shall be payable for a  period of seven years, or for a period up to the date on which the retired  deceased Government servant would have attained the age of sixty seven years had he survived, whichever is less:

Provided that in no case the amount of family pension determined under this sub-clause shall exceed the pension authorised on retirement or dismissal from Government service:

Provided further that where the amount of pension authorised on retirement or dismissal is less than the amount of family pension admissible under sub-clause (i), the amount of family pension determined under this sub-clause shall be limited to the amount of family pension admissible under sub-clause (i).

(iv) The amount of family pension payable under sub-clause (ii) or sub clause (iii) shall be subject to a minimum of nine thousand rupees per mensem and a maximum of one lakh twenty five thousand rupees per mensem.

Explanation.-1. Pay for the purpose of sub-clause (i) and sub-clause (ii) means (i) emoluments as referred to in rule 31 or (ii) average emoluments as referred to in rule 32, whichever is more.

Explanation.-2. For the purpose of sub-clause (iii), pension authorised on retirement includes the part of the pension which the retired Government servant may have commuted before death.

Explanation.-3. For the purpose of sub-clause (iii), the expression ‘pension authorised on retirement’ includes the pension authorised on compulsory retirement and compassionate allowance sanctioned on dismissal or removal from Government service.

(b) After the expiry of the period referred to in sub-clause (ii) and sub clause (iii) of clause (a), the family, in receipt of family pension under those sub-clauses, shall be entitled to family pension at the rate  admissible under sub-clause (i) of clause (a).

(3)(a) In addition to family pension admissible in accordance with sub-rule (2), additional family pension shall be payable to the family pensioner after completion of age of eighty years in the following manner:-

 

(b) The additional family pension shall be payable from first day of the calendar month in which it falls due.

Illustration: A family pensioner born on 20th August, 1942 shall be eligible for additional family pension at the rate of twenty percent of the basic family pension with effect from 1st August, 2022. A family pensioner born on 1st August, 1942 shall also be eligible for additional family pension at the rate of twenty percent of the basic family pension with effect from 1st August, 2022.

(4) The amount of family pension admissible under sub-rule (2) and additional family pension admissible under subrule (3), where applicable, shall be fixed at monthly rates and shall be expressed in whole rupees and where the family pension or the additional family pension contains a fraction of a rupee, it shall be rounded off to the next higher rupee:

Provided that in no case a family pension under sub-rule (2) shall be allowed in excess of the maximum prescribed under this rule.

(5) (a) Where an award of family pension under the Central Civil Services (Extraordinary Pension) Rules, 1939 is authorised, no family pension under this rule shall be payable during the currency of award.

(b) Where a claim for an award of family pension under the Central Civil Services (Extraordinary Pension) Rules, 1939 is under consideration, a family pension may be authorised in accordance with these rules and if, subsequently, it is decided to authorise family pension under the Central Civil Services (Extraordinary Pension) Rules, 1939, a revised Pension Payment Authority shall be issued for payment of family pension under those Rules and the family pension authorised under these rules shall be discontinued.

(c) The family pension payable under this rule shall not be subject to any limitation with reference to the family pension admissible to a member of the family in respect of the same Government servant or pensioner for the service rendered by him in any other organisation, including the service rendered in the armed forces.

(6) The family pension shall be payable to the members of the family of the deceased Government servant or pensioner in the following order, namely:-

(i) subject to provisions of sub- rule (8), widow or widower, (including a post-retiral spouse and judicially separated wife or husband),

(ii) subject to provisions of sub-rule (9), children (including adopted children, step children and children born after retirement of the pensioner),

(iii) subject to provisions of sub-rule (10), dependent parents (including adoptive parents) of the deceased Government servant or pensioner,

(iv) subject to provisions of sub-rule (11), dependent siblings ( i.e. brother or sister) of the deceased Government servant or pensioner, suffering from a mental or physical disability,

Explanation.- For the purposes of this rule ‘widow’ and ‘widower’, shall mean a spouse, legally wedded to the  deceased Government servant or the pensioner.

(7)(a) Subject to the proviso to clause (b), clauses (c), (d), (e), (f) and (g) of sub-rule (8) and clause (g), proviso to sub-clause (iii) of clause (h) and clause (k) of sub-rule (9), the family pension shall not be payable to more than one member of the family of the deceased Government servant or the pensioner at the same time.

(b) Where the family pension is payable to more than one member of the family at the same time, it will be paid in equal shares and if the share of the family pension contains a fraction of a rupee, it shall be rounded off to the next higher rupee:

Provided that a family pension in excess of the maximum prescribed under this rule shall not be allowed and if, as a result of rounding off fraction of a rupee on division of family pension among two or more members of the family, total amount of family pension exceeds the maximum prescribed under this rule, such fraction of a rupee shall be ignored.

(8)(a) If the deceased Government servant or the pensioner is survived by a widow or widower, family pension at the rate specified in sub-rule (2) shall be payable to such widow or widower, up to the date of death or re marriage, whichever is earlier and the eligibility of widow or widower for family pension shall not be affected by the amount of her or his income from other sources.

(b) Where a deceased Government servant is survived by a childless widow, on re-marriage by the childless widow, family pension shall continue to be payable to her, if her income from all other sources is less than the amount of minimum family pension under sub-rule (2) and the dearness relief admissible thereon:

Provided that if, after re-marriage, income of childless widow from all other sources becomes equal to or exceeds the amount of minimum family pension under sub-rule (2) of this rule and the dearness relief admissible thereon, family pension payable to her shall be stopped and shall become payable to the other eligible member of the family, if any, of the deceased Government servant.

(c) Where the deceased Government servant or pensioner is survived by more widows than one, the family pension shall be paid to the widows in equal shares and on the death or ineligibility of a widow, her share of the family pension shall become payable to her child or children who fulfil the eligibility conditions mentioned in sub-rule (9).

(d) In case, the widow is not survived by any child, her share of the family pension shall not lapse but shall be payable to the other widows in equal shares, or if there is only one such other widow, in full, to her.

(e) Where the deceased Government servant or pensioner is survived by a widow without any child eligible for family pension but has left behind eligible child or children from another wife who is not alive, the child or children who fulfil the eligibility conditions mentioned in sub-rule (9) shall be entitled to the share of family pension which the mother would have received if she had been alive at the time of the death of the Government servant or pensioner and on the share or shares of family pension payable to such a child or children or to a widow or widows ceasing to be payable, such share or shares shall not lapse, but shall be payable to the other widow or widows and/or to other child or children otherwise eligible in accordance with sub-rule (9), in equal shares, or if there is only one widow or child, in full, to such widow or child:

Provided that if the deceased Government servant or pensioner is survived by the widow with child or children eligible for family pension, on the share of family pension payable to the widow ceasing to be  payable, such share shall be payable to her child or children in accordance with clause (c) and sub-rule (9).

(f) Where the deceased Government servant or pensioner is survived by a widow without any child eligible for family pension but has left behind eligible child or children from a divorced wife or wives, the child or children who fulfil the eligibility conditions mentioned in sub-rule (9) shall be entitled to the share of family pension which the mother would have received at the time of the death of the Government servant or pensioner had she not been so divorced. On the share or shares of family pension payable to such a child or children or to a widow or widows ceasing to be payable, such share or shares, shall not lapse, but shall be payable to the other widow or widows and/or to the other child or children otherwise eligible in accordance with sub-rule (9), in equal shares, or if there is only one widow or child, in full, to such widow or child:

Provided that if the deceased Government servant or pensioner is survived by the widow with child or children eligible for family pension, on the share of family pension payable to the widow ceasing to be payable, such share shall be payable to her eligible child or children in accordance with clause (c) and sub-rule (9).

(g) Where the deceased Government servant or pensioner is survived by a widow without any child eligible for family pension but has left behind eligible child or children from a void or voidable marriage, the child or children from the void or voidable marriage who fulfil the eligibility conditions mentioned in sub-rule (9) shall be entitled to the share of family pension which the mother would have received at the time of the death of the Government servant or pensioner had the marriage not been void or voidable and on the share or shares of family pension payable to such a child or children or to a widow ceasing to be payable, such share or shares, shall not lapse, but shall be payable to the widow or to the child or children otherwise eligible, in equal shares, or if there is only one widow or child, in full, to such widow or child.

Provided that if the deceased Government servant or pensioner is survived by the widow with child or children eligible for family pension, on the share of family pension payable to the widow ceasing to be payable, such share shall be payable to her eligible child or children in accordance with clause (c) sub-rule (9).

(h) Where a male Government servant or pensioner or female Government servant or pensioner dies leaving behind a judicially separated widow or widower and no child or children, the family pension in respect of the deceased shall be payable to the person surviving.

(i) Where a male Government servant or pensioner or female Government servant or pensioner dies leaving behind a judicially separated widow or widower with a minor child or children or a child or children suffering from disorder or disability of mind including the mentally retarded, the family pension in respect of deceased shall be payable to the surviving person provided he or she is the guardian of such child or children and if the surviving person ceases to be the guardian of such child or children,  such family pension shall be payable to the person who is the actual guardian of such child or children:

Provided that where the minor child, after attaining the age of majority, remains eligible for family pension, the family pension shall become  payable to such child from the date on which he attains the age of majority and after the child ceases to be eligible for family pension under this rule, such family pension shall become payable to the surviving judicially separated spouse of the deceased Government servant till his or her death or remarriage, whichever is earlier.

(j) Where a male Government servant or pensioner or female Government servant or pensioner dies leaving behind a judicially separated widow or widower with a child who has attained the age of majority but is eligible for family pension, the family pension shall become payable to such child after the death of the Government servant. After the child or children cease to be eligible for family pension under this rule, such family pension shall become payable to the surviving judicially separated spouse of the deceased Government servant till his or her death or remarriage, whichever is earlier.

(k) It shall be the duty of a childless widow after her re-marriage to furnish a certificate to the Pension Disbursing Authority once in a year that she has not started earning her livelihood.

Explanation.- For the purposes of this rule, a childless widow shall be deemed to be earning her livelihood if her income from other sources is equal to or more than the minimum family pension under sub-rule (2) of this rule and the dearness relief admissible thereon.

(9)(a) If the deceased Government servant or the pensioner is not survived by a widow or widower or if the widow or widower dies or ceases to be eligible for family pension, family pension at the rate specified in sub-rule (2) shall be payable to the child or children who fulfil the following conditions:

(i) In the case of a son (other than a son suffering from a mental or physical disability) (including adopted son, step son and son born after retirement of the pensioner) unmarried, below the age of twenty five years and not earning his livelihood;

(ii) In the case of a daughter (other than a daughter suffering from a mental or physical disability) (including adopted daughter, step daughter and daughter born after retirement of the pensioner) unmarried or widowed or divorced and not earning her livelihood

(iii) In the case of a son or daughter suffering from a mental or physical disability (including adopted son or daughter, step son or daughter and son or daughter born after retirement of the pensioner) not earning his or her livelihood.

(b) A son or a daughter, other than a son or a daughter suffering from a mental or physical disability, shall be deemed to be earning his or her livelihood if his or her income from other sources is equal to or more than the minimum family pension under sub-rule (2) of this rule and the dearness relief admissible thereon.

(c) A child suffering from a mental or physical disability shall be deemed to be not earning his or her livelihood, if his or her overall income from sources other than family pension is less than the entitled family pension under sub-clause (i) of clause (a) of sub-rule (2) of this rule and the dearness relief admissible thereon, payable on death of the Government servant or pensioner concerned.

(d) Where a deceased Government servant or pensioner leaves behind more children than one, family pension shall first be payable to children below the age of twenty-five years, who fulfil the eligibility conditions for grant of family pension, in the order of their birth.

(e) The elder child shall be entitled to the family pension till he or she has attained the age of twenty-five years or has got married or remarried or has started earning his or her livelihood, whichever is the earliest and the younger of the children will be eligible for family pension after the elder next above him or her has attained the age of twenty five years or has got  married or remarried or has started earning his or her livelihood or has died.

(f) Where family pension is granted under this rule to a minor, it shall be payable to the minor through the guardian.

(g) Where the family pension is payable to twin children it shall be paid to such children in equal shares and when one such child ceases to be eligible, his or her share shall revert to the other child and when both of them cease to be eligible the family pension shall be payable to the next eligible single child or twin children.

(h) Where a deceased Government servant or pensioner is not survived by a son or daughter below the age of twenty-five years and eligible for family pension or where such son or daughter has died or has ceased to be eligible for family pension, the family pension shall be payable for life to a son or daughter who is suffering from any disorder or disability of mind including the mentally retarded or is physically disabled or suffering from any other disability referred to in the Rights of Persons with Disabilities Act, 2016 (49 of 2016) so as to render him or her unable to earn a living even after attaining the age of twenty-five years, subject to the following conditions, namely:-

(i) the disability existed before the death of the Government servant or pensioner and his or her spouse;

(ii) if such son or daughter is one among two or more children of the Government servant, the family pension shall be initially payable to the children below the age of twenty-five years in the order set out in clause (d) until the last child attains the age of twenty-five and thereafter the family pension shall be resumed in favour of the son or daughter suffering from a disability referred to in clause (h) and shall be payable to him or her, for life;

(iii) if there are more than one such children suffering from a disability referred to in clause (e), the family pension shall be paid in the order of their birth and the younger of them will get the family pension only after the elder next above him or her ceases to be eligible or dies:

Provided that where the family pension is payable to such twin children it shall be paid in the manner set out in clause (d);

(iv) the family pension shall be paid to a son or daughter, who is suffering from any disorder or disability of mind including the mentally retarded, through the guardian as if he or she were a minor except in the case of the physically disabled son or daughter who has attained the age of majority;

(v) before allowing the family pension for life to any such son or daughter, the appointing authority shall satisfy that the disability is of such a nature so as to prevent him or her from earning his or her livelihood and the same shall be evidenced by a certificate obtained from,-

(A) an authority competent to issue disability certificate in accordance  with the Rights of Persons with Disabilities Act, 2016 (49 of 2016), the Rights of Persons with Disabilities Rules, 2017 and the guidelines and notifications issued by the Central Government or a State Government or  a Union territory administration; or

(B) a Medical Board comprising of a Medical Superintendent or a Principal or a Director or Head of the Institution or his nominee as Chairman and two other members, out of which at least one shall be a Specialist in the particular area of disability, setting out, as far as possible, the exact mental or physical condition of the child.

(vi) the person receiving the family pension as guardian of such son or daughter or such son or daughter not receiving the family pension through a guardian shall produce a certificate, from,-

(A) an authority competent to issue disability certificate in accordance with the Rights of Persons with Disabilities Act, 2016 (49 of 2016), the Rights of Persons with Disabilities Rules, 2017 and the guidelines and notifications issued by the Central Government or a State Government or a Union territory administration; or

(B) a Medical Board comprising of a Medical Superintendent or a Principal or a Director or Head of the Institution or his nominee as Chairman and two other members, out of which at least one shall be a Specialist in the particular area of disability including mental retardation,

Once, if the disability is permanent and if the disability is temporary, once in every five years, to the effect that he or she continues to suffer from a disability referred to in clause (h);

(vii) in the case of a mentally retarded son or daughter, the family pension shall be payable to a person nominated by the Government servant or the pensioner, as the case may be, and in case no such nomination has been furnished to the Head of Office by such Government servant or pensioner during his lifetime, to the person nominated by the spouse of such Government servant or family pensioner, as the case may be, later on and the Guardianship Certificate issued under section 14 of the National Trust Act,1999 (44 of 1999), by a local level Committee, shall also be accepted for nomination or appointment of guardian for grant of family pension in respect of the person suffering from Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities as indicated in the said Act;

(i) Marriage by a child who is suffering from a disability referred to in clause (h) shall not render him or her ineligible for family pension under this sub-rule;

(j) Where a deceased Government servant or pensioner is not survived by a son or daughter eligible for family pension under clause (d) or clause (h) or if a son or daughter eligible for family pension under clause (d) or clause (h) dies or ceases to fulfil the eligibility conditions for family pension prescribed in those clauses, the family pension shall be granted or continued to be payable to an unmarried or widowed or divorced daughter beyond the age of twenty-five years for life or until she gets married or re-married or until she starts earning her livelihood, whichever is the earliest subject to the following conditions, namely:-

(i) the family pension shall be initially payable to the children in the order set out in clause (d) until the last child attains the age of twenty-five years;

(ii) there is no disabled child eligible to receive family pension in accordance with clause (e);

(iii) the unmarried or widowed or divorced daughter was dependant on her parent or parents when he or she or they were alive;

(iv) where a deceased Government servant or pensioner leaves behind  more than one unmarried or widowed or divorced daughter beyond the age of twenty-five years, family pension shall first be payable to such daughter, who fulfil the eligibility conditions for grant of family pension under this sub-rule, in the order of their birth;

(v) The elder daughter shall be entitled to the family pension till she has got married or remarried or has started earning her livelihood, whichever is earlier and the younger of the daughters will be eligible for family pension after the elder next above her has got married or remarried or has started earning his or her livelihood or has died;

(vi) in the case of widowed daughter, death of her husband and in the case of divorced daughter, her divorce took place during the lifetime of the Government servant or pensioner or his or her spouse:

Provided that the family pension shall be payable to a divorced daughter from the date of divorce if the divorce proceedings were filed in a competent court during the life time of the Government servant or pensioner or his or her spouse but the divorce took place after their death:

Provided further that if, consequent on the death of the Government servant or pensioner and his or her spouse, the family pension to any other eligible member of the family has become payable before the date of divorce of daughter, the family pension to such divorced daughter shall not commence before the aforesaid member of the family ceases to be eligible for family pension or dies;

(k) Where a deceased Government servant or pensioner leaves behind children from more than one widow or from a widow and a divorced wife or from a widow or a divorced wife and void or voidable marriage, the child or children who fulfil the eligibility conditions mentioned in this sub-rule shall be entitled to the share of family pension which their mother would have received at the time of the death of the Government servant or pensioner if she had been alive or if she had not been so divorced or if the marriage had not been void or voidable, as the case may be.

(l) Where there are more than one child from a widow or a divorced wife and void or voidable marriage, the share of family pension to such children shall be payable in the manner specified in this sub-rule.

(m) Where the share or shares of family pension payable to such a child or children ceasing to be payable, such share or shares, shall not lapse, but shall be payable to the child or children from other widow or divorced wife or void or voidable marriage, otherwise eligible, in equal shares, or if there is only one child, in full, to such child.

Explanation.- The expression ‘son’ or ‘daughter’ will include a posthumous son or posthumous daughter, respectively.

(n) An unmarried son or an unmarried or widowed or divorced daughter, except a disabled son or daughter, shall become ineligible for family pension from the date he or she gets married or remarried.

(o) The family pension payable to a son or a daughter shall be stopped if he or she starts earning his or her livelihood.

(p) It shall be the duty of son or daughter or the guardian to furnish a certificate to the Pension Disbursing Authority once in a year that,-

(i) he or she has not started earning his or her livelihood; and
(ii) he or she has not yet married or remarried and a similar certificate shall be furnished by the son or daughter suffering from a mental or physical disability to the Pension Disbursing Authority once in a year that he or she has not started earning his or her livelihood.

(10)(a) Where a deceased Government servant or pensioner is not survived by a widow or widower or a child eligible for family pension or if the widow or widower and all children cease to be eligible for family pension, the family pension at the rate specified in sub-rule (2) shall be payable to the parents for life, if the parents were dependent on the Government servant or pensioner immediately before his or her death.

(b) The family pension, wherever admissible to parents will be payable to the mother of the deceased Government servant or pensioner failing which to the father of the deceased Government servant or pensioner.

Explanation.- Parents shall be deemed to be dependent on the Government servant if their combined income is less than the minimum family pension under sub-rule (1) of this rule and the dearness relief admissible thereon.

(c) It shall be the duty of parents to furnish a certificate to the Pension Disbursing Authority once in a year that they have not started earning their livelihood and the family pension payable to parents shall be stopped if they start earning their livelihood.

(11)(a) Where a deceased Government servant or pensioner is not survived by a widow or widower or a child or parents eligible for family pension or if the widow or widower, children and parents of the Government servant or pensioner cease to be eligible for family pension, the family pension at the rate specified in sub-rule (2) shall be payable to  the dependent siblings suffering from a mental of physical disability, of the Government servant or pensioner for life if the siblings were wholly dependent upon the Government servant or pensioner immediately before his or her death.

(b) Such a sibling shall be eligible for family pension for life in the same manner and subject to same eligibility conditions and following the same disability criteria, as laid down in clause (h) and clause (i) of sub-rule (9) in the case of son or daughter of a Government employee or pensioner suffering from any disability referred to in clause (h), so as to render him or her unable to earn a living even after attaining the age of twenty-five years:

Provided that the family pension to such sibling shall be payable if the disability existed before the death of the Government servant or pensioner.

Explanation.- A sibling suffering from a mental or physical disability shall be deemed to be dependent on the Government servant if his or her overall income from sources other than family pension is less than the entitled family pension under sub-clause (i) of clause (a) of sub-rule (2) of this rule and the dearness relief admissible thereon, payable on death of the Government servant/pensioner concerned.

(c) It shall be the duty of such a sibling to furnish a certificate to the Pension Disbursing Authority once in a year that he or she has not started earning his or her livelihood and the family pension payable to such a sibling shall be stopped if he or she starts earning his or her livelihood.

Explanation.- For the purpose of this rule,-

(a) a member of the family, other than a child or a sibling, suffering from a mental or physical disability, shall be deemed to be earning his or her livelihood if his or her income from other sources is equal to or more than the minimum family pension under sub-rule (2) of this rule and the dearness relief admissible thereon.

(b) in the case of a child or a sibling suffering from a mental or physical disability shall be deemed to be not earning his or her livelihood, if his or her overall income from sources other than family pension is less than the entitled family pension under sub-clause (i) of clause (a) of sub-rule (2) of this rule and the dearness relief admissible thereon, payable on death of the Government servant or pensioner concerned.

(12)(a) The family pension admissible to a person consequent on death of a Government servant or pensioner shall not be considered as income for the purpose of determination of eligibility for a family pension under this rule consequent on death of another Government servant or pensioner, subject to the condition that the sum of both the family pensions shall not exceed the limits specified in sub-rule (13).

(b) (i) In order to decide the eligibility for family pension under this rule, a member of the family, other than the widow or widower of the deceased Government servant or pensioner, shall be required to submit, along with the claim for family pension, a copy of the last Income Tax Return filed by the said member of the family with the Income Tax Department.

(ii) In case the said member of the family informs that he or she has not filed the Income Tax Return with the Income Tax Department, he or she shall submit a certificate of income from a sub-divisional magistrate.

(iii) In case the member of the family is not able to submit either a copy of the Income Tax Return or a certificate of income from a sub-divisional magistrate, the Head of Office may rely on any other document produced by the said member of the family in support of his or her claim regarding income and decide the eligibility of the said member of the family for family pension accordingly.

(c) A person, while claiming family pension on death of a Government servant or a pensioner or a family pensioner, shall indicate against the specific column in Form 10 whether or not he or she is already in receipt of a family pension in respect of another Government servant or pensioner and, if so, the amount of family pension being received by him or her.

(d) The Head of Office, while determining the amount of family pension payable to such person, shall take into account the information furnished by the claimant in this regard and ensure that the sum of family pensions payable to that person does not exceed the limits specified in sub-rule (13).

(13) In case, both wife and husband are Government servants and are governed by the provisions of this rule and one of them dies while in service or after retirement, the family pension in respect of the deceased shall become payable to the surviving husband or wife and in the event of the death of the husband or wife, the surviving child or children shall be granted the two family pensions in respect of the deceased parents, subject to the limits specified below, namely,-

(i) if the surviving child or children is or are eligible to draw two family pensions at the rate mentioned in sub-clause (ii) or sub-clause (iii) of clause (a) of sub-rule (2), the amount of both the family pensions shall be limited to one lakh twenty-five thousand rupees per mensem;

(ii) if one of the family pensions ceases to be payable at the rate mentioned in sub-clause (ii) or sub-clause (iii) of clause (a) of sub-rule (2), and in lieu thereof the family pension at the rate mentioned in sub-clause (i) of clause (a) of sub-rule (2) becomes payable, the amount of both the pensions shall also be limited to one lakh twenty-five thousand rupees per mensem;

(iii) if both the family pensions are payable at the rates mentioned in sub clause (i) of clause (a) of sub-rule (2), the amount of two family pensions shall be limited to seventy-five thousand rupees per mensem.

(14)(a) A child of a Government servant or a pensioner, while claiming family pension on death of the said Government servant or pensioner, shall indicate against the specific column in Form 10 whether or not he or she is eligible for another family pension under this rule in respect of the other parent and, if so, the amount of family pension admissible to him or her from that source.

(b) The Head of Office, while determining the amount of family pension payable to such person, shall take into account the information furnished by the claimant in this regard and ensure that the sum of family pensions payable to that person in respect of both parents does not exceed the limits specified in sub-rule (13).

(c) If a person, who in the event of death of a Government servant while in service, is eligible to receive family pension under this rule, is charged with the offence of murdering the Government servant or for abetting in the commission of such an offence, the family pension shall not be paid to such a person till the conclusion of the criminal proceedings instituted against him.

(d) During the period the family pension is not paid to a person under clause (c), the family pension shall be paid to other eligible member of the family, if any, from the date following the date of death of the Government servant:

Provided that if the spouse of the Government servant is charged with the offence of murdering the Government servant or for abetting in the commission of such an offence and the other member of the family eligible for family pension is a minor child of the deceased Government servant, the family pension to such minor child shall be payable through a duly appointed guardian, and the mother or father of the minor child shall not act as guardian for the purpose of drawal of family pension.

(e) If on the conclusion of the criminal proceedings referred to in clause (c), the person concerned,-

(i) is convicted for the murder or abetting in the murder of the Government servant, such a person shall be debarred from receiving the family pension which shall be continued to be paid to other eligible member of the family, if any;

(ii) is acquitted of the charge of murder or abetting in the murder of the Government servant, the family pension shall become payable to such a person-from the date of such acquittal and the family pension to other member of the family shall be discontinued from that date:

Provided that if there was no other eligible member of the family or the family pension ceased to be payable to the other eligible member of the family before the date of acquittal of the person concerned, the family pension shall be payable to such a person from the date following the date of death of the Government servant or from the date on which family pension ceased to be payable to the other eligible member of the family, as the case may be.

(f) The provisions of clause (c) to clause (e) shall also apply for the family pension becoming payable on the death of a Government servant after his retirement.

Explanation.- For the purpose of this sub-rule, the charge of murdering or abetting in the murder of Government servant will include the charge of abetting death by suicide.

15(a)(i) As soon as a Government servant enters Government service, he shall give details of his family in Form 4 to the Head of Office, which shall include all relevant details relating to spouse, all children, parents and disabled siblings (whether or not eligible for family pension).

(ii) If the Government servant has no family, he shall furnish the details in  Form 4 as soon as he acquires a family.

(b) The Government servant shall communicate to the Head of Office any subsequent change in the size of his family, including the fact of marriage of his child.

(c) As and when the disability referred to in clause (h) of sub-rule (9) manifests itself in a child or dependant sibling which makes him or her unable to earn his or her living, the fact shall be brought to the notice of the Head of Office duly supported by a Medical Certificate from, –

(i) an authority competent to issue disability certificate in accordance with the Rights of Persons with Disabilities Act, 2016 (49 of 2016), the Rights of Persons with Disabilities Rules, 2017 and the guidelines and notifications issued by the Central Government or a State Government or a Union territory administration; or

(ii) a Medical Board comprising of a Medical Superintendent or a Principal or a Director or Head of the Institution or his nominee as Chairman and two other members, out of which at least one shall be a Specialist in the particular area of disability including mental retardation.

(d) (i) The Head of Office shall, on receipt of the said Form 4 verify that it has been properly filled by the Government servant in accordance with this rule and acknowledge receipt of the said Form 4 indicating the date of its receipt and get it pasted on the service book of the Government servant concerned and all further communications received from the Government servant in this behalf shall also be acknowledged by the Head of Office indicating the date of their receipt;

(ii) The Head of Office on receipt of communication from the Government servant regarding any change in the size of family shall have such a change incorporated in Form 4 under his signature and the fact regarding disability or change of marital status of a family member shall be indicated in the ‘Remarks’ column of Form 4;

(e) The Government servant shall submit the up to date details of the family in Form 4 again along with the pension papers, before retirement from Government service.

(f) Where a Government servant marries or remarries or a child is born to the Government servant after retirement, he shall give an intimation to this effect to the Head of Office in Form 5 along with a copy of the marriage certificate or birth certificate, as the case may be, from an authority competent to issue such certificate.

(g) Where the family of a Government servant undergoes a change after his retirement rendering a member of the family to be eligible for family pension on account of events such as birth of a child or disability of a child or sibling or divorce of a daughter or death of husband of a daughter, the retired Government servant or, if the Government servant has already died, his or her spouse or any other member of the family in receipt of the family pension, may give an intimation to this effect along with the supporting documents to the Head of Office and the Head of Office shall return a copy of the intimation acknowledging the receipt of the said intimation.

(h) The details of the following members of the family shall be included in Form 4,-

(i) Wife or husband, including a judicially separated wife or husband;

(ii) Son or daughter, whether or not eligible for family pension on the date of submission of Form 3 and the details of all children (including those from a deceased or divorced wife or from a void or voidable marriage);

(iii) Parents;

(iv) Disabled siblings.

(i) The claim of a member of the family of the deceased Government servant shall not be rejected on the ground that the details of such member of the family are not available in Form 4 or office records, if the Head of Office is otherwise satisfied about the eligibility of the member of the family for grant of family pension under these rules.

(16) Nothing contained in this rule shall apply to a re-employed Government servant who had retired from civil service or military service if, on such reemployment, he is not eligible for a pension or service gratuity under these rules.

51. Entitlements of family of a missing Government servant or pensioner or family pensioner.- (1)(a) In the case of a Government servant who goes missing, family pension shall be payable to a member  or members of the family at a rate specified in sub-rule (2) of rule 50, and in the manner and subject to the eligibility conditions as applicable in the case of death of a Government servant during service.

(b) The family pension under clause (a) shall be payable from the date following the date up to which leave was sanctioned to the Government servant before he went missing or from the date up to which pay and allowances have been paid to the Government servant or from the date on which a report has been lodged with the concerned Police Station in the form of First Information Report or a Daily Diary Entry or a General Diary Entry, whichever is the latest.

(2)(a) In the case of a pensioner who goes missing, family pension shall be payable to an eligible member or members of the family at a rate specified in sub-rule (2) of rule 50, and in the manner and subject to the eligibility conditions as applicable in the case of death of a pensioner.

(b) The family pension under clause (a) shall be payable from the date following the date up to which pension has been paid to the pensioner who went missing or from the date on which a report was lodged with the concerned Police Station in the form of First Information Report or a Daily Diary Entry or a General Diary Entry, whichever is later.

(3)(a) In the case of a family pensioner who goes missing, family pension shall be payable to a member of the family who is eligible to receive the family pension after the death of the family pensioner, at a rate specified in subrule (2) of rule 50, and in the manner and subject to the eligibility conditions as applicable on death of a family pensioner.

(b) The family pension under clause (a) shall be payable from the date following the date up to which family pension has been paid to the family pensioner before he went missing or from the date on which a report was lodged with the concerned Police Station in the form of First Information Report or a Daily Diary Entry or a General Diary Entry, whichever is later.

(4) In the case of a Government servant who goes missing or a retired Government servant who goes missing without receiving the retirement gratuity admissible under sub-rule (1) of Rule 45, the amount of retirement gratuity shall be payable to a member or members of the family in the manner and subject to the conditions applicable in the case of a Government servant who dies after retirement without receiving the retirement gratuity.

(5)(a) Claims for payment of family pension and gratuity shall be submitted to the Head of Office by the member or members of the family eligible for family pension and nominees or members of family eligible to receive the amount of gratuity, after a report has been lodged with the concerned Police Station in the form of a First Information Report or a Daily Diary Entry or a General Diary Entry.

(b) The claims shall be accompanied by an Indemnity Bond in Format 8 along with a copy each of the report lodged with the concerned Police Station and the report obtained from the police to the effect that the Government servant or pensioner or family pensioner could not be traced so far despite all efforts made in that regard.

(6) In the case of a Government servant referred to in clause (a) of sub rule (1), the pay for family pension and emoluments for retirement gratuity shall be determined in accordance with Explanation-1 below sub- rule (2) of rule 50 and sub-rule (6) of rule 45, respectively, based on the pay and emoluments on the last date on which he was on duty before he went missing or, if he was on leave, the date on which leave sanctioned  to him expired.

(7) In the case of a retired Government servant referred to in sub-rule (4) the emoluments for the purpose of retirement gratuity shall be reckoned in accordance with sub-rule (6) of rule 45.

(8)(a) The payment of family pension (including the arrears of family pension for the period from the date specified in sub-rule (1) or sub-rule (2) or sub-rule (3), as the case may be, up to the date of commencement of payment of family pension) and the amount of gratuity shall not be made before the expiry of a period of six months from the date of lodging of report with the concerned Police Station:

Provided further that if the payment of gratuity is delayed and the delay is attributable to administrative lapses or reasons, interest shall be payable for the period of delay beyond a period of six months from the  date of submission of claim and responsibility shall be fixed for such  delayed payment of gratuity, in accordance with rule 65.

(b) In the case of a Government servant referred to in clause (a) of sub rule (1), death gratuity shall become payable after the death of the Government servant is conclusively established or on expiry of a period of seven years from the date of lodging of the report with the police, whichever is earlier.

(c) The difference between the amount of death gratuity and retirement gratuity shall be paid to the person or persons eligible for payment of death gratuity in accordance with these rules, not later than three months from the date of submission of claim for difference between the amount of death gratuity and retirement gratuity.

(d) If the payment of difference between the amount of death gratuity and retirement gratuity is delayed and the delay is attributable to administrative lapses or reasons, interest shall be payable for the period of delay beyond a period of six months from the date of submission of claim for difference between the amount of death gratuity and retirement gratuity.

(9) In addition to the family pension and retirement gratuity, the family of the Government servant shall also be entitled to receive arrears of pay and allowances or leave salary, if any, cash equivalent to leave salary and amount available in the General Provident Fund Account of the Government servant in accordance with the rules as applicable to a Government servant who dies during service.

(10) Nothing in this rule shall apply in the case of a Government servant or a pensioner or a family pensioner who disappears and against whom allegation of fraud or embezzlement or any other crime is under investigation or who has been charged or convicted for such crimes.

(11) No payment under this rule shall be authorised to be paid to a person or persons other than a member or members of the family eligible to receive that payment.

Click here to view/download the pdf

[catlist tags=”pension-rules-2021″]